Breaking the Cycle of Impunity: A Call for ICC Investigation into War Crimes and Genocide in the Israel-Hamas Conflict Post-October 7, 2023
Authors: Faramarz Yadegarian; Mohamad Razavi. “Breaking the Cycle of Impunity: A Call for ICC Investigation into War Crimes and Genocide in the Israel-Hamas Conflict Post-October 7, 2023.” Iranian Review for UN Studies, 2025, doi: 10.22034/iruns.2025.498595.1164
Abstract:
The conflict between Israel and Hamas from October 7, 2023, presents a unique test case for assessing the efficacy of international criminal law in the prevention of types of serious international crimes. This study takes an analytical approach to international criminal law using primary legal sources, official documents, authoritative interpretations, and recent judicial decisions, including the arrest warrants issued by the ICC Pre-Trial Chamber against leaders on both sides in November 2023. The study, by systematic examination of the reports from international organizations and technological verification of the evidence, seeks to see how these actions by Hamas and Israel forces fulfill the actus reus and mens rea of violations of international criminal law constituting war crimes, crimes against humanity, and potentially genocide under the jurisdiction of the ICC. Rather than simply the recent ICC arrest warrants on starvation as a method of warfare and deliberate attacks on civilians, we’ll be looking deeper into other violations, including the use of prohibited weapons, destruction of cultural property, and systematic patterns that could rise to genocide. The findings establish that both found guilty are international criminals, which do call for thorough investigations by the ICC; these prosecutions, however, do face major jurisdictional, evidentiary, and political bugs. These findings show that international criminal law might always moderate modern armed conflicts, through effective prosecution of violations against international humanitarian law, even if the first tentative steps to accountability have begun through the issuance of arrest warrants for key leaders on both sides of the conflict.
Keywords:
Crimes Against Humanity, Genocide, Hamas, Israel, War Crimes.
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